Bill > A1008

Introduced Session

This bill would authorize certain visiting advanced practice nurses to engage in the limited practice of prescribing medications and devices to patients in this State, so long as the visiting nurses are deemed to be appropriately qualified to engage in prescribing activities. Under the bill's provisions, a "visiting advanced practice nurse" is defined to mean a person who is not a resident of New Jersey, but who is temporarily present in the State; who is licensed or certified as an advanced practice nurse, or the substantial equivalent, by another state or jurisdiction other than New Jersey; and who is not seeking full certification by endorsement, pursuant to N.J.A.C.13:37-7.6, but who wishes to engage only in the limited practice of prescribing medications and devices in this State. "Visiting advanced practice nurse" would not include a non-resident who has already been certified as an advanced practice nurse in this State through the certification by endorsement process specified in N.J.A.C.13:37-7.6. In order to ensure that a visiting advanced practice nurse has the appropriate qualifications to engage in the limited practice of prescribing drugs and devices, the bill would require each visiting advanced practice nurse to provide written notice to the Board of Nursing at least 10 days before engaging in the prescription of drugs or devices in this State. Such written notice would need to indicate the educational qualifications of the visiting advanced practice nurse, the licenses or certifications that are held by the visiting advanced practice nurse, the states or other jurisdictions in which those licenses or certifications were issued, the training requirements that were satisfied for the purposes of obtaining those licenses or certifications, the proposed timeframe during which the visiting advanced practice nurse will be prescribing medications and devices in this State, and any other information that may be required by board regulation. Within seven days after receipt of written notice from a visiting advanced practice nurse, the board would be required to evaluate the nurse's credentials, as specified in the notice, and determine whether the nurse is appropriately qualified to engage in the prescription of medications and devices. If the board determines that the visiting advanced practice nurse is so qualified, the board would be required to notify the nurse, in writing, of that determination and issue a visiting nurse identification number, which is to be printed on all of the prescriptions that are issued by the nurse in the State. If the board has reason to believe that the visiting advanced practice nurse is not properly authorized by the out-of-State license or certification to engage in the prescription of drugs or devices, or that the training required for the nurse's out-of-State license or certification was not substantially equivalent to the training that is required for the certification of advanced practice nurses in this State, the board would be required to issue an order restricting the prescribing practices of the visiting advanced practice nurse. As deemed by the board to be appropriate, an order issued pursuant to the bill's provisions may: 1) fully prohibit the visiting advanced practice nurse from prescribing medications or devices in this State, despite the provisions of the bill to the contrary; 2) require the visiting advanced practice nurse, before engaging in the prescription of medications or devices in this State, to submit to a skills assessment and, if necessary, to successfully complete educational training; or 3) provide for the conditional supervision, monitoring, or other limitation of the visiting advanced practice nurse's prescribing practices in this State. A visiting advanced practice nurse who is subject to an order of the board may submit to the board, within 20 days after receipt of the order, a written request for a hearing on the matter, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). A visiting advanced practice nurse who prescribes medications or devices in this State without first providing notice to the board, as required by the bill, or who prescribes medications or devices in violation of the provisions of an order issued by the board, would be deemed to be engaged in the unauthorized practice of nursing in this State, and would be subject to a civil penalty of not more than $10,000 for the first violation, and not more than $20,000 for the second or subsequent violation, as provided by existing law.

Committee Categories

Nancy Muñoz (R)*, 

Introduced, Referred to Assembly Health Committee (on 01/09/2024)

Official Document